Professional Documents
Culture Documents
vs.
Office of the Solicitor General, Romulo L. Chua and Dewey G. Soriano for
respondents.
DIZON, J.:
This is a petition for prohibition filed by Merardo L. Zapanta against the Hon.
Agustin P. Montesa, Judge of the Court of First Instance of Bulacan,
Fernando A. Cruz, Provincial Fiscal of Bulacan, and Olimpia A. Yco, to enjoin
the former from proceeding with the trial of Criminal Case No. 3405 pending
the final determination of Civil Case No. 1446 of the Court of First Instance
of Pampanga.
On June 16, 1958, petitioner filed in the Court of First Instance of Pampanga
Civil Case No. 1446 against respondent Olimpia A. Yco for the annulment of
their marriage on the ground of duress, force and intimidation. On the 30th
of the same month respondent Yco, as defendant in said case, filed a motion
to dismiss the complaint upon the ground that it stated no cause of action,
but the same was denied on July 7 of the same year. 1äwphï1.ñët
In the Aragon case already mentioned (supra) we held that if the defendant
in a case for bigamy claims that the first marriage is void and the right to
decide such validity is vested in another court, the civil action for annulment
must first be decided before the action for bigamy can proceed. There is no
reason not to apply the same rule when the contention of the accused is
that the second marriage is void on the ground that he entered into it
because of duress, force and intimidation.
WHEREFORE, the writ prayed for in the petition is hereby granted. Without
costs.